ADUSEI VRS KODEI (A2/89/21) [2023] GHADC 882 (3 May 2023)

ADUSEI VRS KODEI (A2/89/21) [2023] GHADC 882 (3 May 2023)

Plaintiff proved on a balance of probabilities that the defendant's negligence caused damage to his vehicle, entitling him to general and aggravated damages. Special damages for loss of use were not proved and only nominal damages were awarded.

Citation
[2023] GHADC 882
Parties
Plaintiff: Samuel Adusei; Defendant: Mr. Samuel Kodei
Court
District Court
Jurisdiction
Ghana
Judgment Date
3 May 2023
Case Number
A2/89/21
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff in part
Legal Topics
Negligence, Damages, Burden of Proof
Source Language
English
Tort Law Negligence Damages Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Samuel Adusei

Plaintiff

Mr. Samuel Kodei

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant's negligence caused damage to the plaintiff's vehicle
  2. 2 Whether the plaintiff is entitled to general and special damages
  3. 3 Whether the plaintiff proved special damages for loss of use

Ratio Decidendi

Plaintiff proved on a balance of probabilities that the defendant's negligence caused damage to his vehicle, entitling him to general and aggravated damages. Special damages for loss of use were not proved and only nominal damages were awarded.

Court Disposition

Judgment for the plaintiff in part

Orders

  • Plaintiff awarded GH¢ 19,800.00 as general and aggravated damages
  • Plaintiff awarded nominal damages of GH¢ 5,000.00 for loss of use